PRESS RELEASE

State
of Iowa

Citizens
Aide/Ombudsman

August 18,1998

RE:
Investigative Report 98-1

Iowa Department of Natural Resources

DES MOINES  The Iowa Department of Natural
Resources (DNR) failed to meet its duties under law in responding to complaints about
sewage entering a stream, according to a report released today by Citizens
Aide/Ombudsman Bill Angrick.

The report concerns DNRs response to
complaints about sewage from a 33-home subdivision just north of Oskaloosa.DNR found each home had a septic tank that
connected into a series of underground lines feeding into an unnamed tributary to the
South Skunk River.

The Ombudsman determined DNR was required by Iowa
law to regulate the situation and should not have deferred its responsibility to the
Mahaska County Sanitarian.The Ombudsman
found DNR should have been more involved in getting the subdivision into compliance
sooner.The overall problem was not resolved
for over three years after it was first reported to DNR.

DNR indicated the case represents how it handles
similar situations.This suggests the
problems identified in this report are not unique  that DNR may have systemic
failure in how it responds to violations involving sewage discharges into surface
waters, the Ombudsman said.DNR
acknowledges other communities and subdivisions may be discharging sewage into surface
waters but doesnt know how many.

According to the report, an official with the
State Health Department said sewage from communities without a central sewer system is a
greater threat to public health than large-scale animal feeding operations, which have
been the subject of intense debate the past few years. DNR replied it has no plan for
addressing the issue of sewage from communities with no central sewer system.

Angricks report has eight recommendations
for DNRs Environmental Protection Division.Included
is a recommendation to arrange for the inspection of unsewered communities and
subdivisions to determine how many are in violation of the law, particularly the
prohibition against discharges to a water of the state without a permit from DNR.

In his response to the report, DNR Director Larry
Wilson defended the agencys performance and disputes a number of the
Ombudsmans findings and recommendations.Resolution
of a problem of this nature within three years is a relative success story, given our
workload, resources, and other mandated priorities, Wilson wrote.A copy of his unedited reply is appended to the
report.

Copies of the report can be obtained from the
Ombudsmans office, which can investigate complaints about most agencies of state and
local government.Iowans can call the office
toll-free at 1-888-IA-OMBUD (426-6283) or at (515) 281-3592.The office has a TTY which can be reached using
the toll-free number or at (515) 242-5065.Its
fax number is (515) 242-6007.Internet users
can contact the office at: Ombud@legis.state.ia.us